New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 52A

52A Redetermination of applications following action by Ombudsman

(1) An agency may, under this section, review a determination:

(a) in accordance with a written suggestion made by the Ombudsman in the course of a formal investigation made under section 13 of the Ombudsman Act 1974 , or in the course of a preliminary inquiry referred to in section 13AA of that Act, being an investigation or inquiry that is undertaken as the result of a complaint, or

(b) as a result of a written undertaking given in a conciliation under section 13A of that Act, or

(c) in accordance with a recommendation given by the Ombudsman in accordance with that Act.

(2) The review is to be conducted under section 34 or 47, as the case requires, as if the suggestion, undertaking or recommendation were an application referred to in that section. However, section 34 (3) and (5) and section 47 (3) and (5) do not apply to the review.

(3) Despite any other provision of this Act, there is no right to complain to the Ombudsman in respect of any determination arising out of a review under this section.